Ombudsman: Napoles testimony still 'not advisable' in Senate pork probe

(Updated 10:45 a.m., Oct. 1) The Office of the Ombudsman on Monday stood firm on its earlier position advising the Senate against inviting Janet Lim-Napoles, alleged pork barrel scam mastermind, to the inquiry on the alleged anomaly.

In a letter to Senate President Franklin Drilon, Ombudsman Conchita Carpio Morales said she is "not inclined to modify" her stand that Napoles's presence at the Senate probe "would not be advisable at this time."

Morales, however, said that she "submits to the collective wisdom" at the Senate, adding that the chamber "is supreme in its own sphere and was never meant to be challenged."

Last week, Senator Teofisto Guingona III, chairman of the Senate blue ribbon committee conducting the probe on the alleged pork barrel scam, asked Senate President Franklin Drilon to reconsider his earlier decision not to sign a subpoena for Napoles to testify in the inquiry.

Like what he did with Guingona's original request, Drilon tossed the decison on Napoles's presence at the Senate probe to the Office of the Ombudsman.

Timing

Meanwhile, Senate President Pro-Temporo Ralph Recto said that while he thinks Napoles's testimony is essential to the probe, it might be prudent for the chamber to heed the Ombudsman's advice.

"Marami akong katanungan sa kanya, ngunit ang sinasabi ng Ombudsman, timing. Sabi, not at this time. I think that the Senate has the power to subpoena pero wala rin namang masama kung papakinggan natin iyong timing," Recto said.

He added that Guingona may still bring up the issue on Napoles's subpoena before the plenary, so that the Senate, as a whole, can decide on the matter.

"You can appeal the decision of the Senate President. There is a procedure naman for this. You can go to the plenary or go to a caucus," Recto said.

Senator Sergio Osmeña, for his part, said that inviting Napoles to the Senate investigation on the alleged pork barrel scam may be "useless" at this time.

"Sinabi na ng abogado ni Napoles that she is not going to open her mouth. Kapag tatawagin natin yan dito sa hearing, sasabihin niyan, I maintain my right to remain silent," Osmeña said.

Napoles is currently detained in Laguna for an illegal detention case. She is also among the personalities facing plunder raps for the alleged pork barrel scam.

Also among those facing plunder complaints for their alleged involvement in the anomaly are Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Bong Revilla Jr.

Subpoenas for Napoles

It turns out that this was not the first time subpoenas to appear in court were raised against Napoles.

Now facing a plunder case, Napoles figured in the congressional investigations into the P728-million fertilizer fund scam in 2006, and again in 2008 when then-Commission on Audit director Flerida Jimenez identified Napoles’ JLN Corporation as a source of overpriced and diluted fertilizers amounting to P 54,498,000.

On 24 Oras, former senator and chair of the Committee on Agriculture Ramon Magsaysay, Jr. said, “’Yung bandang 6th and 7th hearings na lamang lumalabas na na-subpoena namin [si Napoles]. Ang sabi ng isang dating staff, ‘sir maraming mga kaibigan’, sabi niya. Eh but she would not elucidate. Marami daw kaibigan kaya parang na-delay ‘yung kanyang subpoena.”

The Senate has no records why Napoles did not appear in court during the 2006 probe.

After the 2008 probe, Gordon and the Blue Ribbon Committee recommended plunder raps against then-Undersecretary Jocelyn Bolante and other officials, but Napoles was absent from the recommendation.

“Si Janet Napoles was involved in… at that time ki-nlear siya ng Department of Agriculture. Tinawag naming si Napoles December 22, December 17 ata ‘yun eh. Magpapasko na. Nagbabakasyon pa ang Senado so nag-submit kami ng… then hindi na mahalaga sa amin at that time dahil hindi naman siya ang hinahabol,” said former senator and chair of the Blue Ribbon Committee Richard Gordon.

In August, President Benigno Aquino III said that the anomalies reported under his administration paled in comparison to those unearthed in the previous administration.

"Compare mo sa fertilizer scam, gaano kalaki ang diperensiya? And yung fertilizer scam is the tip of the iceberg, marami pang iba," he said. — With Rie Takumi/RSJ/ELR/KG, GMA News